Professional Documents
Culture Documents
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treatment; (3) the need for continued institutionalization; (4) which facility can best
meet the persons needs; and (5) whether transfer can be accomplished with a
reasonable degree of safety for the public. Minn. Stat. Ann. 253D.29(1).
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The Supreme Court shall establish an appeal panel composed of three judges
and four alternate judges appointed from among the acting judges of the state.
Minn. Stat. Ann. 253B.19(1).
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novo consideration of the recommendation of the special review board. Id. Appeals
of the decision of the judicial appeal panel may be made to the Minnesota Court of
Appeals. Id.; Minn. Stat. Ann. 253B.19(5).
A committed person may not petition the special review board any sooner than
six months following either the entry of the initial commitment order by the district
court or appeal therefrom or resolution of a prior petition including exhaustion of any
appeal rights. Minn. Stat. Ann. 253D.27(2). The MSOP executive director may,
however, petition for reduction in custody at any time. Id.
B. Minnesota Sex Offender Program (MSOP)
The State of Minnesota established, under the vested authority of the
Commissioner of DHS, the MSOP. Under law, MSOP is to provide specialized sex
offender assessment, diagnosis, care, treatment, supervision, and other services to
civilly committed sex offenders . . . [which] may include specialized programs at
secure treatment facilities . . . , consultative services, aftercare services,
community-based services and programs, transition services, or other services
consistent with the mission of the Department of Human Services. Minn. Stat. Ann.
246B.02. MSOP maintains three main facilities to treat persons committed under
MCTA. The largest facility is a secure facility located in Moose Lake, Minnesota,
and it houses persons who are in the earliest stages of treatment. The second, secure
facility is located in St. Peter, Minnesota, and it houses inmates who have progressed
beyond the initial phase of treatment. A third facility known as Community
Preparation Services (CPS) is located outside the secure perimeter in St. Peter. CPS
is designed for persons in the final stages of treatment who are preparing for
reintegration into the community.
Beginning in 2008, MSOP adopted a three-phase treatment program. Phase I
focuses on rule compliance, emotional regulation, and treatment engagement, but
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individuals do not receive any specific sex offense therapy. In Phase II, MSOP
provides therapy that focuses on identifying and addressing patterns of sexually
abusive behaviors. MSOP emphasizes discussion and exploration of the committed
individuals history of sexually offensive behaviors along with the motivations of
those behaviors. When a committed person reaches Phase III, MSOP builds on the
skills learned in Phase II and focuses on reintegration into the community.
Advancement through the phases is based on a Goal Matrix where the individuals
treatment process is scored using various factors. Although the MSOP Treatment
Manual states that a committed person could be initially assigned to any phase of the
program, no MSOP official could recall a person being assigned to anything but
Phase I at the Moose Lake facility.
The district court found that since its inception in 1994, MSOP has accepted
approximately 714 committed individuals, but no committed individual has been fully
discharged from MSOP and only three people have been provisionally discharged
from the program. The committed individuals represent about 4% of Minnesotas
registered sex offenders. Minnesota officials project that the number of civilly
committed sex offenders will grow to 1,215 by 2022. Minnesota has the highest percapita population of civilly committed sex offenders in the nation.
C. Claims
In December 2011, plaintiffs filed a pro se suit, pursuant to 42 U.S.C. 1983,
challenging the conditions of their confinement and certain MSOP policies and
practices. The focus of the initial complaint concerned housing conditions, property
possession, searches, visitation rights, disciplinary procedures, vendor choices,
vocational training, and access to electronic devices. The complaint also claimed that
MSOP did not provide constitutionally adequate treatment and thus violated
plaintiffs due process rights. After obtaining counsel in January 2012, plaintiffs filed
a First Amended Complaint raising generally the same claims as in the original
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instructions to the four Rule 706 experts it had appointed to assist the court in
understanding the complexities of the case.7
D. Bench Trial
The district court proposed hearing the matter in a bench trial. The state
defendants objected, arguing that they had preserved the right to a jury trial. In
response, plaintiffs moved to again amend their complaint to clarify their allegations
and to remove any damages claim from the complaint. The magistrate judge granted
the motion to file the Third Amended Complaint that clearly set forth facial and as
applied claims based on due process violations and removed any damages claim.
Because there were no longer damages claims and plaintiffs were only seeking
injunctive relief, the district court ordered that the case be submitted at a bench trial.
Phase I of the bench trial occurred from February 9, 2015 to March 18, 2015.
During the six-week trial, the district court heard testimony from all four Rule 706
experts, several named plaintiffs, and MSOP employees and staff. Following the
trial, the district court entered a broad order finding MCTA unconstitutional facially
and as applied. The court held that Minnesotas civil commitment scheme for sex
offenders is a punitive system without the safeguards found in the criminal justice
system. It also held that MCTA is not narrowly tailored and results in a punitive
effect and application contrary to the purpose of civil commitment. Specifically, the
district court concluded:
section 253D is facially unconstitutional for the following six reasons:
(1) section 253D indisputably fails to require periodic risk assessments
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process error based on the district judges bias against them. Second, the state
defendants argue three jurisdictional defects. Lastly, the state defendants dispute the
district courts determinations on the merits, focusing specifically on whether the
district court applied the proper standards of scrutiny to the plaintiffs due process
claims. All issues raised by the state defendants concern questions of law, which we
review de novo. See Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., 134 S. Ct.
1744, 1748 (2014) (recognizing that questions of law are reviewed under de novo
standard of review).
A. Judicial Bias
The state defendants claim that the district court pre-judged the case against
them, violating their due process rights to a neutral decisionmaker. In support of this
argument, state defendants first point to various comments made by the district court
that are critical of MSOP and remarks suggesting that state officials should make
drastic changes to the program. For instance, in one order, the district court
concluded with the statement, The programs systemic problems will only worsen
as hundreds of additional detainees are driven into MSOP over the next few years.
The politicians of this great State must now ask themselves if they will act to revise
a system that is clearly broken, or stand idly by and do nothing, simply awaiting
Court intervention. (Doc. 427 at 69 (footnote omitted).) Just prior to the bench trial,
the court denied the state defendants motion to dismiss the Third Amended
Complaint and for summary judgment. In that order, it stated, again in conclusion,
It is difficult for the Court to understand why the parties have not resolved this case
in a manner that would address clients concerns, serve the public interest, promote
public safety, and serve the interests of justice for all concerned. Justice requires no
less. (Doc. 828 at 43.)
Second, the state defendants argue that the Rule 706 experts were improperly
used by the court to aid the plaintiffs in preparing and presenting their case.
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Although not appealing the courts appointment of the Rule 706 experts, the state
defendants argue that the court used those experts to prosecute the plaintiffs case and
this demonstrates that the court had assumed the mantle of an advocate.
Third, the state defendants note that the Third Amended Complaint was filed
almost three years after the commencement of the case and matched the courts
September 9, 2014 order as to the issues the court wished to address in the bench trial.
Again, the state defendants are not challenging the district courts order allowing the
plaintiffs to file the Third Amended complaint; rather, the state defendants argue that
it was improper for the court to counsel the plaintiffs on the claims it should present
to the court. This Third Amended Complaint also had the effect of forcing a bench
trial as the three previous versions of the complaint contained damages claims but the
Third Amended Complaint only sought equitable relief.
Finally, the state defendants argue that the district court ordered the creation
of a task force to provide legislative proposals for settlement purposes. The state
defendants claim that the district courts order providing for the creation of the task
force provided that the report prepared by the task force would not be admissible at
trial, but the court admitted the report at the bench trial and then considered and relied
upon the report in deciding the case. The state defendants also claim the district court
influenced who would be appointed to that task force. This process, the state
defendants claim, also demonstrates improper judicial advocacy.
The state defendants argue the result of these various district court actions was
obviously biased fact-finding by the court. According to the state defendants, the
court assumed the role of an advocate instead of a neutral magistrate. Based on this
alleged bias, the state defendants request that this court overturn the decisions of the
district court as the bias constitutes a structural error requiring automatic reversal.
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Parties to litigation are entitled to due process, the essence of which is a fair
trial before a tribunal free from bias or prejudice. Gardiner v. A.H. Robins Co., 747
F.2d 1180, 1191 (8th Cir. 1984) (citing In re Murchison, 349 U.S. 133, 136-37
(1955)). Ordinarily, when unfair judicial procedures result in a denial of due
process, this court could simply find error, reverse and remand the matter. Reserve
Mining Co. v. Lord, 529 F.2d 181, 185 (8th Cir. 1976). In those cases where the
court has found a biased or prejudiced district judge resulted in a due process
violation, the evidence of bias was overwhelming. For instance, in Gardiner, the
district judge stated that he believed the truth of plaintiffs allegations, adding that
he had become an advocate for plaintiffs and that he was, in fact, prejudiced. 747
F.2d at 1192.
In this matter, the state defendants point to a handful of remarks made over the
course of months of litigation. These comments do give some cause for concern; if
they are not premature remarks on the merits of the litigation, then they could in some
instances be construed as policy pronouncements that risk straying beyond the
judicial role. We are not convinced, however, that the actions and statements
complained of, individually or collectively, establish that the district court was
biased. Instead, the decisions of the district court in appointing the Rule 706 experts,
allowing for a late amendment to the complaint, and appointing the task force were
arguably done in an effort to streamline the complicated case and attempt to reach an
amicable settlement between the parties.8 Further, unlike cases such as Gardiner,
where one party was not allowed to present their case to the court, the district court
did not prevent the state defendants from presenting their case to the district court in
a six-week bench trial, and the district court gave due consideration to all arguments.
In further proceedings, moreover, we are confident that the district court will be
sensitive to avoiding even the appearance of bias or prejudgment of the merits.
Neither the class plaintiffs nor the state defendants objected to the creation of
the Task Force.
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B. Jurisdiction
The state defendants raise three challenges to the jurisdiction of the district
court in this matter. First, the state defendants argue the plaintiffs lacked standing to
challenge MCTA. The state defendants argue the latest version of the complaint
alleges violations of the plaintiffs liberty interests, but the plaintiffs have not
identified a named plaintiff or a member of the class who would be entitled to
discharge if reevaluated. Instead, the plaintiffs merely speculate that some of them
or some of the members of the class would be subject to discharge upon completion
of a risk assessment. According to the state defendants, because the alleged harm is
speculative, the plaintiffs have not shown an actual deprivation of their liberty, and
thus they lack standing to bring this action.
We reject this argument. Article III establishes three elements as a
constitutional minimum for a party to have standing: (1) an injury in fact, meaning
the actual or imminent invasion of a concrete and particularized legal interest; (2) a
causal connection between the alleged injury and the challenged action of the
defendant; and (3) a likelihood that the injury will be redressed by a favorable
decision of the court. Sierra Club v. U.S. Army Corps of Engrs, 645 F.3d 978, 98586 (8th Cir. 2011) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61
(1992)). This means that, throughout the litigation, the plaintiff must have suffered,
or be threatened with, an actual injury traceable to the defendant and likely to be
redressed by a favorable judicial decision. Spencer v. Kemna, 523 U.S. 1, 7 (1998)
(quoting Lewis v. Contl Bank Corp., 494 U.S. 472, 477 (1990)). Here, we agree
with the class plaintiffs that they have standing because their claim is not that they are
all entitled to release but rather that their constitutional rights are being violated
because MCTA and MSOPs implementation of MCTA violates the due process
clause. The class plaintiffs are seeking certain procedural protections such as
periodic reviews of their confinement and placement in appropriate facilities. All
plaintiffs are committed under MCTA and detained in MSOP. Thus, if their
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allegations are true, the plaintiffs have suffered a concrete injury caused by the
challenged action that could be redressed by appropriate injunctive relief.
Next, the state defendants argue that this action is barred under Heck v.
Humphrey, 512 U.S. 477 (1994), and Preiser v. Rodriguez, 411 U.S. 475 (1973),
because it is an attempt to use 42 U.S.C. 1983 to challenge the fact or duration of
their confinement and such claims can be brought only in a habeas petition under 28
U.S.C. 2254. [A] state prisoners claim for damages is not cognizable under 42
U.S.C. 1983 if a judgment in favor of the plaintiff would necessarily imply the
invalidity of his conviction or sentence, unless the prisoner can demonstrate that the
conviction or sentence has previously been invalidated. Edwards v. Balisok, 520
U.S. 641, 643 (1997) (quoting Heck, 512 U.S. at 487). This action, however, would
not necessarily imply the invalidity of any of the plaintiffs commitment. See Huftile
v. Miccio-Fonseca, 410 F.3d 1136, 1140 (9th Cir. 2005) (noting Heck applies to
civilly committed persons as well as prisoners). They do not allege that their initial
commitment was invalid. Nor is it alleged that any specific class members should be
immediately released. Instead, the plaintiffs claim that they should receive relief
including regular, periodic assessment reviews to determine if they continue to meet
the standards for civil commitment. It is conceivable that upon receiving an
assessment none of the plaintiffs would be eligible for release, despite the district
courts finding otherwise. Because the injunctive relief sought would not necessarily
imply the invalidity of the plaintiffs commitment, this action is not barred under
Heck or Preiser.
Finally, the state defendants challenge the subject matter jurisdiction of the
federal courts under the Rooker-Feldman doctrine. The defendants claim plaintiffs
are seeking through this action to reverse hundreds of state-court judgments that
have held MCTA to be constitutional when raised by individual defendants
challenging the application of MCTA to them. The Rooker-Feldman doctrine is
narrow; it applies only to cases brought by state-court losers complaining of injuries
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statutes. United States v. Timms, 664 F.3d 436, 445 (4th Cir.), cert. denied, 133 S.
Ct. 189 (2012). However, to date, the strict scrutiny standard applied by the district
court is reserved for claims of infringements on fundamental liberty interests upon
which the government may not infringe unless the infringement is narrowly tailored
to serve a compelling state interest. Reno v. Flores, 507 U.S. 292, 302 (1993).
According to the Supreme Court, fundamental rights and liberties are those deeply
rooted in this Nations history and tradition and implicit in the concept of ordered
liberty, such that neither liberty nor justice would exist if they were sacrificed.
Washington v. Glucksberg, 521 U.S. 702, 720-21 (1997) (internal citations and
quotation marks omitted).
Although the Supreme Court has characterized civil commitment as a
significant deprivation of liberty, Addington v. Texas, 441 U.S. 418, 425 (1979),
it has never declared that persons who pose a significant danger to themselves or
others possess a fundamental liberty interest in freedom from physical restraint. See
Foucha v. Louisiana, 504 U.S. 71, 116 (1992) (Thomas, J., dissenting) (criticizing the
majoritys analysis of a due process challenge to a civil commitment statute because,
[f]irst, the Court never explains whether we are dealing here with a fundamental
right, and . . . [s]econd, the Court never discloses what standard of review applies).
Rather, when considering the constitutionality of Kansass Sexually Violent Predator
Act, the Court stated [a]lthough freedom from physical restraint has always been
at the core of the liberty protected by the Due Process Clause from arbitrary
governmental action, that liberty interest is not absolute. Kansas v. Hendricks, 521
U.S. 346, 356 (1997) (quoting Foucha, 504 U.S. at 80). The Court noted that many
states provide for the involuntary civil commitment of people who are unable to
control their behavior and pose a threat to public health and safety, and [i]t thus
cannot be said that the involuntary civil confinement of a limited subclass of
dangerous persons is contrary to our understanding of ordered liberty. Id. at 357
(citing Addington, 441 U.S. at 426). When considering the due process implications
of a civil commitment case, the Supreme Court stated [a]t the least, due process
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requires that the nature and duration of commitment bear some reasonable relation
to the purpose for which the individual is committed. Jackson v. Indiana, 406 U.S.
715, 738 (1972) (emphasis added).
Accordingly, the proper standard of scrutiny to be applied to plaintiffs facial
due process challenge is whether MCTA bears a rational relationship to a legitimate
government purpose. See id.
ii. As-Applied Due Process
When it considered the proper standard to apply, the district court stated
substantive due process protected against two types of government action: action that
shocks the conscience or action that interferes with rights implicit in the concept of
ordered liberty. The district court then proceeded to discuss how the state defendants
actions interfered with the class plaintiffs liberty interests to be free from restraint
and thus was subject to a strict scrutiny analysis. The district court applied the
improper standard to consider an as-applied challenge when it determined there were
two types of government action that could violate the class plaintiffs substantive due
process rights.
Following the Supreme Courts decision in County of Sacramento v. Lewis,
523 U.S. 833 (1998), this court held to prevail on an as-applied due process claim,
that the state defendants actions violated the plaintiffs substantive due process
rights, the plaintiffs must demonstrate both that the [state defendants] conduct was
conscience-shocking, and that the [state defendants] violated one or more
fundamental rights that are deeply rooted in this Nation's history and tradition, and
implicit in the concept of ordered liberty, such that neither liberty nor justice would
exist if they were sacrificed. Moran v. Clarke, 296 F.3d 638, 651 (8th Cir. 2002)
(en banc) (Bye, J., concurring and writing for a majority on this issue) (emphasis in
original) (quoting Glucksberg, 521 U.S. at 720-21 (1997)). The district court, citing
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to a pre-Lewis decision of United States v. Salerno, 481 U.S. 739, 746 (1987), used
the former disjunctive standard and focused only on whether there was a fundamental
right at issue, and having determined that there was a fundamental right at issue, the
district court applied a strict scrutiny test to both the facial and as-applied challenges.
As indicated above, however, the court should determine both whether the state
defendants actions were conscience-shocking and if those actions violated a
fundamental liberty interest. To determine if the actions were conscience-shocking,
the district court should consider whether the state defendants actions were
egregious or outrageous. See Montin v. Gibson, 718 F.3d 752, 755 (8th Cir. 2013)
(quoting Burton v. Richmond, 370 F.3d 723, 729 (8th Cir. 2004)). To meet this high
standard, we have explained that the alleged substantive due process violations must
involve conduct so severe . . . so disproportionate to the need presented, and . . . so
inspired by malice or sadism rather than a merely careless or unwise excess of zeal
that it amounted to a brutal and inhumane abuse of official power literally shocking
to the conscience. Moran, 296 F.3d at 647 (quoting In re Scott Cnty. Master Docket,
672 F. Supp. 1152, 1166 (D. Minn. 1987)). Accordingly, the district court applied
an incorrect standard in considering the class plaintiffs as-applied substantive due
process claims.
D. Substantive Due Process
i. Facial Challenge
The district court announced six grounds upon which MCTA was facially
unconstitutional under the strict scrutiny standard(1) MCTA did not require
periodic risk assessments of all committed persons, (2) MCTA did not provide for a
judicial bypass mechanism, (3) MCTA rendered discharge from MSOP more onerous
than admission because discharge criteria was more stringent than admission criteria,
(4) MCTA impermissibly shifted the burden to petition for a reduction in custody to
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the committed person, (5) MCTA did not provide less restrictive alternatives although
the statute indicated such would be available, and (6) MCTA did not require state
officials to petition for a reduction in custody on behalf of committed individuals who
might qualify for a reduction. As we held above, the appropriate standard is whether
MCTA bears a reasonable relationship to a legitimate government purpose. To
prevail in a facial challenge, the class plaintiffs bear the burden of establish[ing] that
no set of circumstances exists under which [MCTA] would be valid. See United
States v. Salerno, 481 U.S. 739, 745 (1987). None of the six reasons the district court
found MCTA facially unconstitutional under the strict scrutiny review survives the
reasonable relationship review.
Reasonable relationship review is highly deferential to the legislature. No one
can reasonably dispute that Minnesota has a real, legitimate interest in protecting its
citizens from harm caused by sexually dangerous persons or persons who have a
sexual psychopathic personality. See Addington, 441 U.S. at 426 ([T]he state . . .
has authority under its police power to protect the community from the dangerous
tendencies of some who are mentally ill.). The question then is whether MCTA is
reasonably related to this interest. The burden to prove the statute is not rationally
related to a legitimate government interest is borne by the class plaintiffs, whereas the
burden to show that a statute is narrowly tailored to serve a compelling government
interest is borne by the state. See FCC v. Beach Commns, Inc., 508 U.S. 307, 31415 (1993) (On rational-basis review, . . . those attacking the rationality of the
legislative classification have the burden to negate every conceivable basis which
might support it. (quoting Lehnhausen v. Lake Shore Auto Parts Co., 410 U.S. 356,
364 (1973)); Republican Party of Minn. v. White, 416 F.3d 738, 749 (8th Cir. 2005)
(The strict scrutiny test requires the state to show that the law that burdens the
protected right advances a compelling state interest and is narrowly tailored to serve
that interest. (citations omitted)).
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The Minnesota Supreme Court has had opportunity to consider whether the
then-applicable Minnesota commitment statute violated due process. In In re
Blodgett, 510 N.W.2d 910, 916 (Minn. 1994), that court held, [s]o long as civil
commitment is programmed to provide treatment and periodic review, due process
is provided. Minnesotas commitment system provides for periodic review and
reevaluation of the need for continued confinement. The next year, the Minnesota
Supreme Court heard Call v. Gomez, 535 N.W.2d 312 (Minn. 1995), and considered
a due process challenge to MCTA. Referring back to Blodgett, the court held, once
a person is committed, his or her due process rights are protected through procedural
safeguards that include periodic review and re-evaluation, the opportunity to petition
for transfer to an open hospital, the opportunity to petition for full discharge, and the
right to competent medical care and treatment. Id. at 318-19.
MCTA is facially constitutional because it is rationally related to Minnesotas
legitimate interests. The district court expressed concerns about the lack of periodic
risk assessments, the availability of less restrictive alternatives, and the processes for
seeking a custody reduction or a release. MCTA provides proper procedures and
evidentiary standards for a committed person to petition for a reduction in his
custody or his release from confinement. See Hendricks, 521 U.S. at 357. Any
committed person can file a petition for reduction in custody. Minn. Stat. Ann.
253D.27(2). The petition is considered by a special review board consisting of
experts in mental illness and at least one attorney. Minn. Stat. Ann. 253B.18(4c)(a).
That panel conducts a hearing and issues a report with recommendations to a judicial
appeal panel consisting of Minnesota district judges appointed to the judicial appeal
panel by the Chief Justice of the Supreme Court. Minn. Stat. Ann. 253D.27(3)-(4),
253B.19(1). Through this process, the committed person has the right to be
represented by counsel and the court shall appoint a qualified attorney to represent
the committed person if neither the committed person nor other provide counsel.
Minn. Stat. Ann. 253D.20. Appeal of the decision of the special judicial panel may
be taken the Minnesota Court of Appeals. Minn. Stat. Ann. 253D.28, 253B.19(5).
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Finally, a committed person is entitled to initiate a new petition six months after the
prior petition is concluded. Minn. Stat. Ann. 253D.27(2).
We conclude that this extensive process and the protections to persons
committed under MCTA are rationally related to the States legitimate interest of
protecting its citizens from sexually dangerous persons or persons who have a sexual
psychopathic personality. Those protections allow committed individuals to petition
for a reduction in custody, including release; therefore, the statute is facially
constitutional.
ii. As-Applied Challenge
We agree with the state defendants that much of the district courts asapplied analysis is not a consideration of the application of MCTA to the class
plaintiffs but is a criticism of the statutory scheme itself. For instance, the court
found that the statute was unconstitutional as applied to the plaintiffs because the
state defendants do not conduct periodic risk assessments. However, the class
plaintiffs acknowledge that MCTA does not require periodic risk assessments but
those assessments are performed whenever a committed person seeks a reduction in
custody. The district court also found as-applied violations in aspects of the
treatment received by the committed persons, specifically concluding that the
treatment programs structure has been an institutional failure and lacks a
meaningful relationship between the program and an end to indefinite detention.
However, we have previously held that although the Supreme Court has recognized
a substantive due process right to reasonably safe custodial conditions, [it has not
recognized] a broader due process right to appropriate or effective or reasonable
treatment of the illness or disability that triggered the patients involuntary
confinement. See Strutton v. Meade, 668 F.3d 549, 557 (8th Cir. 2012) (alteration
in original) (quoting Elizabeth M. v. Montenez, 458 F.3d 779, 788 (8th Cir. 2006)).
Further, as the Supreme Court recognized, the Constitution does not prevent a State
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from civilly detaining those for whom no treatment is available. Hendricks, 521
U.S. at 366. Nevertheless, as discussed previously, to maintain an as-applied due
process challenge, the class plaintiffs have the burden of showing the state actors
actions were conscience-shocking and violate a fundamental liberty interest. See
Moran, 296 F.3d at 651.
None of the six grounds upon which the district court determined the state
defendants violated the class plaintiffs substantive due process rights in an asapplied context satisfy the conscience-shocking standard. Having reviewed these
grounds and the record on appeal, we conclude that the class plaintiffs have failed to
demonstrate that any of the identified actions of the state defendants or arguable
shortcomings in the MSOP were egregious, malicious, or sadistic as is necessary to
meet the conscience-shocking standard. Accordingly, we deny the claims of an asapplied due process violation.
III.
Accordingly, we reverse the district courts finding of a constitutional violation
and vacate the injunctive order. We remand this matter to the district court for further
proceedings on the remaining claims in the Third Amended Complaint.
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